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| Brooks v. County Comm'n, No. 05-15201 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 18, 2006, Decided , April 18, 2006, Filed
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Overview: Summary judgment was properly granted to employer in suit alleging race discrimination under 42 U.S.C.S. § 2000e-2; employee failed to show that employer's reason for promoting another candidate, which was candidate's superior experience and qualifications, was pretextual, as employee did not demonstrate that her qualifications were far superior.
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| Brown v. Hooks, No. 05-14528 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 18, 2006, Decided , April 18, 2006, Filed
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Overview: A district court's dismissal of a pro se inmate's 28 U.S.C.S. § 2254 petition was vacated, and the case was remanded because the district court erred by dismissing the inmate's petition without prejudice for failure to exhaust state remedies since the inmate was procedurally barred from asserting his actual innocence claim in state court.
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| Galindo v. United States AG, No. 05-14508 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 18, 2006, Decided , April 18, 2006, Filed
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Overview: Alien's petition for review of the BIA's dismissal of the alien's appeal from the denial of his requests for asylum and withholding of removal was dismissed; because the petition was not filed within the 30 days allowed by 8 U.S.C.S. § 1252(a)(1), (b)(1), the court lacked jurisdiction to consider the appeal.
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| Graham v. Holder, No. 05-16214 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 18, 2006, Decided , April 18, 2006, Filed
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Overview: District court properly dismissed prisoner's 28 U.S.C.S. § 2241 petition upon its determination that none of the prisoner's claims satisfied the savings clause of 28 U.S.C.S. § 2255. None of the claims were supported by a retroactively applicable Supreme Court decision, and therefore none survived the first prong of Wofford.
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| M.T.V. v. Dekalb County Sch. Dist., No. 04-16133,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 18, 2006, Decided , April 18, 2006, Filed
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Overview: A district court's dismissal of the child and parents' retaliation claims was affirmed because they had not exhausted their administrative remedies under the IDEA. The district court did not err in affirming and ALJ's order that the parents consent to the school district's request to reevaluate the child or else forfeit his services under the IDEA.
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| Moncada v. United States AG, No. 05-13669 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 18, 2006, Decided , April 18, 2006, Filed
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Overview: Although it appeared that alien was persecuted for political opinion and for other reasons not listed in 8 U.S.C.S. § 1101(a)(42)(A), such as his financial status, asylum and withholding of removal relief were not foreclosed if alien established on remand that the persecution that was motivated at least in part by political opinion.
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| Omar v. Babcock, No. 04-15003,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 18, 2006, Decided , April 18, 2006, Filed
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Overview: Department of Children and Families employees were entitled to qualified immunity in a § 1983 action by a child who was abused by his adoptive mother because there was insufficient evidence of the employees' deliberate indifference to the abuse.
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| Roper v. City of Foley, No. 05-15149 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 18, 2006, Decided , April 18, 2006, Filed
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Overview: Summary judgment was properly granted to employer in Title VII suit alleging discriminatory failure to promote; employee failed to show that employer's reason for promoting two non-minority officers was pretext, as officers had more experience and better records, and even if seniority system had been used, employee would not have been promoted.
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| Sanders v. Barnhart, No. 05-14493 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 18, 2006, Decided , April 18, 2006, Filed
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Overview: Denial of application for SSDI benefits, 42 U.S.C.S. § 405(g), and SSI, 42 U.S.C.S. § 1383(c)(3), for period before July 1, 1998, was properly affirmed where substantial evidence supported ALJ's determination that claimant was not disabled before July 1, 1998, because ALJ articulated explicit and adequate reasons for finding claimant not credible.
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